The court held that the operators of a website and mobile applications had infringed the claimants’ copyright in TV broadcasts and films of cricket matches by allowing users to upload, view and share short clips of cricket match broadcasts. Fair dealing for the purposes of reporting current events in accordance with s30(2) CDPA did not…
On 26 November 2015, the Spanish competition authority imposed a new fine on Spanish collecting societies. Two organisations were affected, the society that represents record companies (AGEDI) and the society representing music performers (AIE), who operate in their respective sectors without competition. In the opinion of the Spanish Markets and Competition Commission (CNMC), the two…
The court of appeals confirmed that there had been infringement of copyright in the claimant’s photographs, and in doing so, clarified the requirements for the protection of photos as copyright works. The court provided guidance regarding lump sum compensation as an alternative to compensation by way of direct damages. A full summary of this case…
Our era is the era of ‘Big Data’. The proliferation of data that we have experienced in recent years is unprecedented, and its volume only grows. Some numbers: we create 2.5 quintillion bytes of data every day and 90% of the data in today’s world has been created in the last two years. The volume…
Question referred to the Supreme Court by Stockholm District Court in a case between Bildupphovsrätt i Sverige ek.för. (BUS) vs Wikimedia Sverige (Case nr Ö 849-15) On 4th April 2016 the Supreme Court handed down its decision in a case between Bildupphovsrätt i Sverige (BUS) and Wikimedia Sverige. The question referred to the Supreme Court…
On 26 November 2015, the Spanish competition authority imposed a new fine on Spanish collecting societies. This time two organisations were affected, namely, the society that represents record companies (AGEDI) and the society representing music performers (AIE), who operate in their respective sectors without competition. In the opinion of the Spanish Markets and Competition Commission…
The federal district court in Los Angeles did not err in determining that 2012 motion picture “Trouble with the Curve” was not substantially similar to a screenplay written by Ryan A. Brooks to support a finding of copyright infringement, according to the U.S. Court of Appeals in San Francisco (Gold Glove Productions, LLC v. Handfield,…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs. Here are the top posts from last month. Top 3 Kluwer Copyright Blog posts…
When a new disruptive innovation comes around, the question always arises as to whether the current legal regimes can provide answers to all potential legal questions arising out of such new technologies and their business cases. The process for obtaining legal certainty may take some time, especially with regard to computer related technology: e.g., whilst…
A. Introduction and Background In copyright law the term ‘communication to the public’ marks the boundary between use which has a copyright law relevance and use which does not. The interpretation of the term within EU member states is based on various EU directives. Of note however, is that the term communication to the public…
